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Clark Fork Terrace No. 1 z A proposal by Neighborhoods by Design, LLC, represented by WGM Group z 38 residential lots on 27.16 acres ---PAGE BREAK--- Located east of Deer Creek Road, south of Canyon River development ---PAGE BREAK--- Clark Fork Terrace No. 2 Clark Fork Terrace No. 1 Approved November 2007 ---PAGE BREAK--- Clark Fork Terrace No. 1 Clark Fork Terrace No. 2 Approved November 2007 ---PAGE BREAK--- Pre-Public Hearing Info Item z Clark Fork Terrace No. 1 rezoning/subdivision ---PAGE BREAK--- Background z Clark Fork Terrace No. 1 Subdivision and Rezoning deemed sufficient for review on October 1, 2008 z Planning Board Hearing: December 2, 2008 z PAZ: December 10th and 17th, 2008 z City Council: December 22, 2008--TABLED ---PAGE BREAK--- City Council Voted z …to remove the subdivision from the Table z …to set a public hearing for Sept. 21st z …to suspend the rules to hold the public hearing ---PAGE BREAK--- DEER CREEK ROAD: Reconstruction required ---PAGE BREAK--- DEER CREEK ROAD: 26’ of pavement with curb and gutter (Condition ---PAGE BREAK--- DEER CREEK ROAD: Right-of-way required to be expanded by 5 feet adjacent to the subdivision ---PAGE BREAK--- DEER CREEK ROAD: Small portion of western side to be reconstructed when development occurs on that side ---PAGE BREAK--- CONDITION RSID waiver should cite all subdivision streets ---PAGE BREAK--- Condition #6 z Concerns voiced at PAZ: focus of Deer Creek Road reference 6. The RSID waiver shall be amended to include Charbonneau Drive, Drouillard Drive, Ordway Lane and Deer Creek Road subject to review and approval of OPG prior to final plat approval. Subdivision Regulations Article 3-2(7) and OPG recommendation. ---PAGE BREAK--- Subdivision Traffic z Much of traffic will be directed to Highway 200/Speedway intersection ---PAGE BREAK--- This Subdivision Canyon River required to redesign intersection; Clark Fork Terrace No. 1 is required to waive the right to protest future improvements to this intersection (Condition ---PAGE BREAK--- This Subdivision In the memo for City Council dated December 22, 2008, note that Condition #8 has been stricken based on concerns voiced by the developer at PAZ. ---PAGE BREAK--- Condition #8 8. The developer shall waive the right to protest future improvements to the Speedway Avenue/Highway 200 intersection, with language on the plat to be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Article 3-2(1)(F) and City Engineering recommendation. ---PAGE BREAK--- ---PAGE BREAK--- Park is proposed along the east side of Deer Creek Road ---PAGE BREAK--- City Parks and Rec recommends against parkland dedicated to City here ---PAGE BREAK--- Eight-foot wide meandering pathway planned along here ---PAGE BREAK--- CONDITION #18: requires review/installation of walkway ---PAGE BREAK--- CONDITION #19: requires a provision for walkway maintenance to be placed in covenants ---PAGE BREAK--- CONDITION #30: This should be common area; meandering pathway access addressed via public non-motorized access easement ---PAGE BREAK--- Area Trails and Linkages z There are a series of existing trails (Kim Williams, Canyon River Loop Trail) z There are a number of potential trail linkages in the area z Clark Fork Terrace No. 1 could facilitate a linkage or linkages ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Gary Weiner, National Park Service Rivers & Trails Conservation Assistance Program ---PAGE BREAK--- Black Bridge ---PAGE BREAK--- ---PAGE BREAK--- An East-West Trail Across This Subdivision z Potential recognized by: – City Parks and Recreation – City-County Health – Milltown Superfund Redevelopment Working Group ---PAGE BREAK--- Support for an East-West Pedestrian Walkway in the Area z Non-Motorized Transportation Plan z Missoula Urban Area Open Space Plan z Master Parks and Recreation Plan ---PAGE BREAK--- Regulatory Support for an East-West Pedestrian Walkway in the Area z City Subdivision Regulations Article 3-2(15)(E): Non-motorized transportation facilities shall be continuous and provide access to all lots within the subdivision and access to adjoining developments unless exempted by these regulations, and shall provide circulation linkage or safe access to bus stops, schools, playgrounds, shopping, transportation, parks, common areas or open space, other lots, or non- motorized transport facilities and community facilities, which are existing or reasonably anticipated. ---PAGE BREAK--- Are There Existing Non-motorized Transport Facilities to Connect to? z Nine miles of trails within Old Milwaukee right-of-way in Missoula area (Ped Finding z Superfund Redevelopment Group: Provide a trail that connects to larger Bonner/Milltown/Turah/river confluence trail network (Ped Findings #9-#12) z Regional Trails: Route of the Hiawatha (ID/MT), Trail of the Coeur d’ Alenes (ID) (Ped Findings #14, #15) ---PAGE BREAK--- Are There Existing Non-motorized Transport Facilities to Connect to? z Regional Trails: John Wayne Pioneer Trail (WA) (Ped Findings #14, #15) ---PAGE BREAK--- Securing a Trail Along Southern Boundary (Condition #17) z 10 feet wide z Within a 20 foot-wide dedicated pedestrian/greenway corridor (Common Area) z The corridor would be overlain with a public non-motorized access easement ---PAGE BREAK--- Securing a Trail Along Southern Boundary z Article 3-8(4) allows the governing body to determine suitable locations for parks, playgrounds and trails z Article 3-8(7)(C) allows pedestrian/bikeways to count toward parkland dedication z Parks and Rec: This is one of two areas that should count toward parkland dedication ---PAGE BREAK--- Dedicated greenspace on eastern side of Deer Creek road Greenspace corridor with trail recommended in Condition #17 ---PAGE BREAK--- Other Regulatory Support z Article 3-2(15)(A)(1): Walkways an alternative to sidewalks in common areas z Article 3-2(15)(I): These facilities may be located beyond street right-of-way in order to be consistent with the Non-Motorized Transportation Plan ---PAGE BREAK--- Condition #12: 20’ Conditional Public Non-Motorized Access Easement ---PAGE BREAK--- Why Didn’t Staff Recommend a Conditional Easement? z Difficulties with implementing trail easements required w/ approval of Clark Fork Terrace No. 2 (see Parks and Rec comment letter) z Clark Fork Terrace No. 2 easements contested in lawsuit ---PAGE BREAK--- Condition #17 z The applicant shall dedicate a 20’ wide pedestrian/bicycle greenway corridor overlain with a 20’ wide Public Non-Motorized Access Easement, along the southern border of the subdivision, to be reviewed and approved by City Parks and Recreation and City Engineering prior to final plat approval. Plans for a 10’ wide asphalt trail within the easement shall be reviewed and approved by City Engineering and Parks and Recreation prior to final plat approval. Subdivision Regulations Articles 3-8(4), 3-8(7)(A,C), 3-2(15)(E), 3-6 and City Engineering, City Parks and Recreation, City- County Health Department and OPG recommendation. ---PAGE BREAK--- Request from Developer’s Representative at PAZ z Delete text of Condition #17 z Use Condition from Clark Fork Terrace No. 2 ---PAGE BREAK--- Text of Condition in Memo 35. The final plat shall include a 20’ wide Conditional Public Non- Motorized Access Easement (NMAE) along the southern border of the subdivision. This easement shall be activated in the event that no alternative acceptable trail easement is acquired south of the subdivision within two years of final plat approval. The easement may be terminated if an acceptable trail easement is acquired within two years of final plat approval. Language referring to the terms and scope of the Conditional Public NMAE shall be included on the face of the plat and in the covenants, to be reviewed and approved by Parks and Recreation prior to final plat approval. If the easement is activated, plans for an 8’ wide asphalt trail within the easement shall be reviewed and approved by City Engineering and Parks and Recreation subject to an improvements guarantee. Subdivision Regulations Articles 3- 2(15)(E) and 3-6. ---PAGE BREAK--- Text of Alternative Condition z Subject of the Clark Fork Terrace No. 2 lawsuit ---PAGE BREAK--- Conclusion z Staff/Planning Board support Clark Fork Terrace No. 1 subdivision and rezoning